Minnesota Lie Detector Tests: What you need to know

Under Minnesota law, it is illegal for employers to require or request employees or prospective employees to submit to a lie detector test, voice stress analysis, or any other test purporting to assess the honesty of an employee or prospective employee. If an employer requests a lie detector test, the employer is required to inform the employee that the test is voluntary.

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It is also illegal for a person to sell to or interpret for an employer or agent of the employer a test that the person knows has been solicited or required by an employer or agent to test the honesty of an employee or applicant. Any violation of this law is considered a misdemeanor.

Under the law, no person may disclose that another has taken a polygraph or any other honesty test, or the results of that test, except to the person tested or to a person authorized by the tested person to receive the results (MN Stat. Sec. 181.75--181.76).

Penalties. Any violation of this law is a misdemeanor. Employees are specifically authorized to sue in state court for any damage suffered from an employer violating this law, including costs of the investigation and reasonable attorney's fees. The Department of Labor may investigate suspected violations and refer any evidence to the county attorney, who may institute criminal proceedings. If the attorney general of Minnesota determines that a violation is occurring or has occurred, the attorney general may sue, on behalf of the state, to stop the violations.

Under the federal Employee Polygraph Protection Act of 1988(29 USC 2001et seq.), most private employers are prohibited from requiring employees or prospective employees to submit to lie detector tests. The law defines a "lie ...